3rd Circuit (incl. bankruptcy)

The United States Court of Appeals for the Third Circuit has appellate jurisdiction over several US states including: The District of Delaware, District of New Jersey, and the Districts of Eastern/Western/Middle Pennsylvania. The Third Circuit also manifests its jurisdictional power over the US Virgin Islands.

Unlike the 12-other circuit courts in the United States, the Third Circuit was created under the IV Amendment rather than the III, which the other courts were created under. There are a total of 11 courthouses in the Third Circuit. The main courthouse, for the Third Circuit is James A. Byrne United States Courthouse in Philadelphia, PA. The US District Court for Delaware is in Wilmington. The Eastern District of New Jersey is in Newark. In Pennsylvania, the Eastern District is in Philadelphia, Middle District in Scranton, and Western District sits in Pittsburgh. The District for the US Virgin Islands is in Charlotte Amalie, USVI.

The Third Circuit is highly influential in setting precedent and hearing cases which deal with major corporations. More than half of the major companies in the United States are incorporated in Delaware. Because of this lawsuit dealing with such corporations are typically heard by the District Court in the State. Cases where a state court lacks personal jurisdiction over individuals initiating a lawsuit typically go through the Circuit Courts.  

There are currently 14 active judges appointed under the Third Circuit and 11 senior judges. David Brooks Smith is the chief judge of the Third Circuit.

Several cases have been heard by the Third Circuit, a recent decision Piscataway School Board v Taxman (1996) was a case which dealt with racial-diversity. The ruling served as precedent for future Section VII of the Civil Rights Act of 1964 cases. This is just one of the many cases which has set judicial precedent for future cases in the District.  

The National Law Review covers litigation between major corporations and individual petitioners, bankruptcy proceedings, stockholder and derivative actions, appeals to the tax court, and bankruptcy petitions. Cases arising from Constitutional rights, federal duties, and cases which don’t fall under individual state courts’ jurisdiction are also highly covered on the website.

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Dec
20
2019
Federal Circuit affirms Safe Harbor ruling and $70 million award in Amgen Inc. v. Hospira, Inc. Mintz
Feb
17
2022
D. Del. Says ANDA Specification Trumps All Else in Infringement Analysis Mintz
Apr
25
2022
TCPA Litigation Update — Eighth Circuit Finds System That Sends Texts to Stored Numbers Is Not an ATDS Mintz
Feb
22
2024
Mintz IRA Update — Legal Challenges to the Medicare Drug Price Negotiation Program Continue Mintz
Jan
12
2015
New Jersey Federal Court Rules Antitrust Claim May Proceed Against Celgene Mintz
Jan
26
2016
Third Circuit Court of Appeals Permits Chapter 11 Debtor to Reject Expired CBA Mintz
Jun
20
2017
A Tie Too Far: Antitrust Class Action Alleging Physician Association Tied Board Certification to Association Membership Survives Motion to Dismiss Mintz
Oct
10
2019
Collateral Estoppel Does Not Attach To PTAB Invalidity Determination Pending Appeal Mintz
May
27
2016
FTC Wins Stay of Pennsylvania Hospital Merger Pending Appeal in Third Circuit Mintz
Aug
25
2016
No Resuscitation of Hospital’s Exclusive Dealing Antitrust Suit Against Competing Hospitals and Physicians Mintz
Dec
27
2017
Physician Certification Group Wins Dismissal of Antitrust Suit Brought By Physicians Mintz
Feb
14
2018
The Medicines Company v. Hospira Inc. Mintz
Apr
29
2022
Sales Projections and a “Litigation Risk Multiplier” Are Fair Game When Assessing Reasonable Royalty Damages Mintz
Jul
4
2023
Telephone and Texting Compliance News: Third Circuit Affirms $286,000 Fraud Counterclaim Arbitration Award Mintz
Sep
20
2023
Mintz IRA Update — Legal Challenges to the Medicare Drug Price Negotiation Program Mintz
Nov
29
2016
Make-Whole Momentum Halted: Third Circuit Rejects Momentive Rationale and Requires Debtor to Pay Make-Whole Premium Mintz
Jun
5
2018
Evidence of Bad Faith Patent Prosecution Can Support an Award of Attorney Fees Mintz
Sep
23
2020
Del. District Court (Third Circuit) Again Holds That 28 U.S.C. § 1782 Does Not Apply Vis-à-vis Foreign Commercial Arbitrations. Mintz
Oct
10
2022
An Emerging Split on the Applicability of the Inevitable Disclosure Doctrine Under the DTSA Mintz
Nov
2
2023
Energy & Sustainability IP Updates — November 2023 Mintz
Jun
18
2014
“May I have your ZIP Code?” Retailers May Want to Read This…. Re: Insurance Coverage Mintz
Dec
6
2016
Third Circuit Appellate Court Rules That Post-Acceleration Payment in Bankruptcy Constitutes Optional Redemption Mintz
Sep
27
2017
What Does the EEOC’s Lawsuit Against Estee Lauder Mean for Parental Leave Policies? Mintz
Jan
18
2019
The Delaware Bankruptcy Court Grapples With Section 546(e) Post-Merit Management Mintz
Aug
21
2019
ANDA Applicant Dismissed for Lack of Venue Under § 1400(b) as District of New Jersey Departs from its own and the District of Delaware’s Prior Rulings Mintz
Jun
24
2014
Can a Relator Be Held Liable for Using Confidential Company Documents to Support a Qui Tam Case? Mintz
Jan
16
2018
Third Circuit Rules that Employer-Friendly “But For” Causation Standard Applies to False Claims Act Retaliation Claims Mintz
Oct
19
2012
Third Circuit Upholds Finding of Antitrust Liability for Above-Cost Pricing Arrangement Mintz
Mar
21
2013
Who Owns a LinkedIn Account? An Update to Eagle v. Edcomm, Inc. Mintz
Jul
16
2013
An Ivy League Brand: Trademark Infringement in Academia Mintz
Aug
22
2019
DOJ Seeks Dismissal of FCA Qui Tam Case to Escape Onerous Discovery Obligations Mintz
Jan
27
2020
Establishing Subject Matter Jurisdiction Over Post-Award Motions in Federal Court: Split Deepens as Fifth Circuit Joins Three Others in Adopting “Look-Through” Analysis Mintz
May
14
2020
Is the “Clear and Unmistakable” Hurdle for Delegation of Arbitrability Issues to an Arbitrator Uniform or Variable? Mintz
Jul
21
2023
Split Decisions: Can a Complaint Serve as Knowledge of Indirect Infringement? Mintz
Feb
8
2024
EnforceMintz — 2023 Brings Uptick in Cybersecurity Enforcement, Insight Into Potential Risks Mintz
Nov
26
2013
KB Toys: Don’t Play with Clouded Claims Mintz
Sep
17
2015
September 2015: Health Care Qui Tam Update, Recently Unsealed Cases Mintz
Oct
25
2017
A Momentive Decision: Second Circuit Splits with Third Circuit on Make Whole Premiums; Adopts Sixth Circuit’s Two-Step Approach in Selecting an Interest Rate in Chapter 11 Cramdowns Mintz
Jun
13
2019
Heritage Pharmaceuticals Admits to Generic Drug Price Fixing Scheme Mintz
Dec
10
2019
PTAB allows Amending Claims on Grounds not raised by Petitioner, but were Addressed by the District Court in its Finding of Indefiniteness Mintz
Apr
13
2020
Celgene v. Sun Pharma Global: Satisfying Subject Matter Jurisdiction Under § 271(e)(2) Mintz
Jul
30
2021
Another Court Orders Production of Cybersecurity Firm’s Forensic Report in a Data Breach Case Mintz
Jan
31
2023
Telephone and Texting Compliance News: Litigation Update — Third Circuit Shreds Informational Fax Case Mintz
Oct
13
2014
New Jersey Federal Court Rejects FCC’s Dish Network Ruling in Blast Fax Case, Relies on FCC’s Letter Brief in Sarris Faegre Drinker
Dec
9
2014
UPDATE: Third Circuit Affirms Arbitrability of Dodd-Frank Retaliation Claim in Khazin v. TD Ameritrade Holding Corp. Faegre Drinker
Oct
28
2015
Why Everyone Is Upset About The Third Circuit’s Recent TCPA Decisions … And A Few Reasons Why They Shouldn’t Be Faegre Drinker
Feb
3
2020
All in the Corporate Family: Attorney-Client Privilege Applies Between Parent and Subsidiaries Faegre Drinker
Jul
22
2013
Legal Briefs: A Periodic Summary of Judicial Decisions Affecting Accounting and Financial Services Professionals Faegre Drinker
Dec
7
2013
New Jersey District Court Certifies TCPA (Telephone Consumer Protection Act) Class Action and Subjects Defendant to Aggregate Liability After Discounting Contrary Authority Faegre Drinker
Feb
2
2015
Fail-Safe Class Fails in the Eastern District of Pennsylvania Faegre Drinker
 

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